Pro Lite India Vs the State of Ap

PRO LITE INDIA, B.0.15-503/1, EDEPALLI, MACHILIPATNAM, KRISHNA DISTRICT-521001 ANDHRA PRADESH. REP BY ITS PROPRIETOR, TATA KALYAN CHAKRAVARTHY, S/O VENKATA RAMANA RAO, AGED 47 YEARS, OCC BUSINESS, R/O DR.NO.12403, FLAT NO.501, GAYATRI PLAZA, ALLAGADDABAVI, SECUNDERABAD.

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT,

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THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILL CREST,4TH FLOOR, NEAR DGP OFFICE, BESIDE ULTRATECH READY MIX PLANT, VADDESWARAM VILLAGE, MANGALAGIRI, ANDHRA PRADESH PINCODE 522502

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THE SRIKAKULAM MUNICIPAL CORPORATION, REPRESENTED BY

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2

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ITS COMMISSIONER, SRIKAKULAM, SRIKAKULAM DISTRICT

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THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT AT SRIKAKULAM.

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THE ENGINEER IN CHIEF PUBLIC HEALTH, GOVERNMENT OF ANDHRA PRADESH, GARUDA ENCLAVE, TADEPALLI, GUNTUR DISTRICT.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the bill amounts of Rs.1,08,96,039/- ( Rupees One Crore eight lakhs ninety six thousand and thirty nine Only) for the 6 works i.e supply of material and installation of electricity as per the tender/agreements under the SDF (Special Development Fund) as illegal, arbitrary and violations of Article 14,19,21 and 300-A of the Constitution of India and consequently direct the respondents to pay an total amount of Rs.1,08,96,039/- ( Rupees One Crore eight lakhs ninety six thousand and thirty nine Only) with interest and other consequential reliefs and to pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 1 to 5 Respondents to the pay total amount of Rs.1,08,96,039/- ( Rupees One Crore eight lakhs ninety six thousand and thirty nine Only) forthwith to the petitioner, pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.DASARI S V V S V PRASAD

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Counsel for the Respondent(S):

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1.M Krishna Rao SC for skl vzm kkd Municipal Corporations

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2.GP FOR MUNCIPAL ADMN URBAN DEV

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3.GP FOR FINANCE PLANNING

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3

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The Court made the following:

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Order:-

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Learned counsel for the petitioner submits that the petitioner has executed the 6 works entrusted by the respondent corporation vide (i) Tender No. 143/SMC/2018-19 dated 05.01.2019, (ii) Tender No. 147/SMC/2018-19 dated 05.01.2019, (iii) Tender No. 146/SMC/2018-19 dated 05.01.2019, (iv) Tender No. 145/SMC/2018-19 dated 05.01.2019, (v) Tender No. 144/SMC/2018-19 dated 05.01.2019, and (vi) Tender No. 142/SMC/2018-19 dated 05.01.2019 and has submitted the final bills. It is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. It is further submitted that a total amount of Rs.1,08,96,039/- is due and payable by the respondents to the petitioner. Though the progress of the works has been recorded in the M-Book, no payment has been forthcoming.

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Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the Municipal Corporation. The completion of work is not disputed by the respondents.

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